The Tenancy Agreement serves as a crucial legal document in the Indonesian property market, used whenever a property owner (landlord) agrees to rent their property to a tenant. This document is essential for both residential and commercial property rentals in Indonesia and must comply with the Indonesian Civil Code (KUHPerdata) and relevant property laws. It provides comprehensive coverage of rental terms, including payment schedules, maintenance responsibilities, and termination conditions. The agreement protects both parties' interests by clearly defining their rights and obligations, while ensuring compliance with local regulations and property laws. It's particularly important given Indonesia's specific requirements regarding property rental, especially concerning foreign tenants and commercial use restrictions. The document should be prepared with consideration of both national and regional property regulations, making it suitable for various rental situations while maintaining legal compliance.
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1. Parties: Identification of landlord and tenant with complete legal names, addresses, and identification numbers as required under Indonesian law
2. Background: Context of the agreement and brief description of the property being leased
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Detailed description of the rental property, including address and specific unit information
5. Term of Lease: Duration of the lease, including start and end dates, and any renewal options
6. Rent and Security Deposit: Rental amount, payment terms, security deposit details, and payment methods
7. Utilities and Service Charges: Responsibility for utility payments and other service charges
8. Use of Property: Permitted use of the property and any restrictions
9. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance and repairs
10. Rights and Obligations: Detailed rights and obligations of both landlord and tenant
11. Insurance: Required insurance coverage and responsibilities
12. Termination: Conditions and procedures for early termination of the lease
13. Governing Law: Specification of Indonesian law as governing law and jurisdiction
14. Dispute Resolution: Process for resolving disputes between parties
15. Notices: Method and addresses for official communications between parties
16. Execution: Signature blocks and execution requirements
1. Furniture and Fittings: Detailed terms regarding furnished properties, to be included only if property is rented with furniture
2. Subletting: Terms regarding subletting rights, if permitted
3. Pets: Rules regarding pet ownership, if relevant
4. Building Rules: Specific rules for apartment or managed buildings, included only for such properties
5. Commercial Use: Additional terms for properties permitted for home-business use
6. Foreign Tenant Provisions: Special provisions required for foreign tenants under Indonesian law
7. Force Majeure: Provisions for extraordinary circumstances affecting the tenancy
8. Property Modifications: Terms regarding permitted and prohibited modifications to the property
1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fittings included in the rental
2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of lease
3. Schedule 3 - Building Rules: Copy of applicable building or complex rules and regulations
4. Schedule 4 - Payment Schedule: Detailed breakdown of rent, deposit, and other payment obligations
5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
6. Appendix A - Floor Plan: Floor plan of the rental property
7. Appendix B - Photographs: Dated photographs of property condition
8. Appendix C - Required Permits: Copies of relevant permits and certificates
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